Titles of Regulations: 24VAC30-100. Rules and Regulations for the Administration of Parking Lots and Environs (amending 24VAC30-100-10).

24VAC30-151. Land Use Permit Regulations (amending 24VAC30-151-670, 24VAC30-151-710).

Statutory Authority: §§ 33.2-118 and 33.2-210 of the Code of Virginia.

Effective Date: September 5, 2018.

Agency Contact: Robert Hofrichter, Director, Office of Land Use, Department of Transportation, 1221 East Broad Street, Richmond, VA 23219, telephone (804) 786-0780, or email robert.hofrichter@vdot.virginia.gov.

Summary:

Pursuant to Chapter 765 of the 2016 Acts of Assembly, the amendments allow mobile food vending in Planning District 8 (Northern Virginia) commuter lots and include the following provisions: (i) set the fee for a two-month permit at $250 and a weekend-only vending fee at $110; (ii) require vendors to have local vending permits, which include background checks, Department of Health approval, insurance, cleanup of vending site and removal of litter, and provision of a surety to ensure cleanup and restoration of any damage to site; and (iii) prohibit vendors from interfering with safety and operation of the commuter lots and from vending in lots, or portions of lots, that are considered interstate system rights-of-way.

24VAC30-100-10. Parking lots and environs.

A. While in this area all persons shall be subject to such regulations as the commissioner may designate by posted signs or public notice posted within the area.

B. No vehicle shall be parked in such a manner as to occupy more than one parking space.

C. No person shall paste, attach or place on any vehicle parked in this lot any bill, advertisement or inscription whatsoever.

D. No bottles, broken glass, ashes, waste paper, or other rubbish shall be left within this area except in such receptacles as may be provided for the same.

E. No person shall pick any flowers, foliage, or fruit; or cut, break, dig up or in any way mutilate or injure any tree, shrub, plant, grass, turf, fence, structure, or anything within this area; or cut, carve, paint, mark, paste, or in any way attach on any tree, stone fence, wall, building, or other object therein, any bill, advertisement, or inscription whatsoever.

F. No person shall disturb or injure any bird, birds' nest or eggs, or any squirrel or other animal within this area.

G. No threatening, abusive, boisterous, insulting or indecent language, or gesture shall be used within this area; furthermore, no oration or other public demonstration be made, except by permit from the commissioner.

H. No person shall offer any article or thing for sale within this area except by permission of the commissioner.

I. No Mobile food vending.

1. Mobile food vending shall be allowed within commuter lots in Planning District 8 except lots that meet at least one of the following conditions:

a. Commuter lots or the portions thereof determined to be part of the interstate system.

b. Commuter lots that, as of last Virginia Department of Transportation (VDOT) survey, had occupancy rates of 98% or higher, except that mobile food vending may be permitted in such lots (i) if a paved area, the use of which does not include one or more parking spaces or block one or more parking spaces, is available within the lot; (ii) if vending is from a nonmotorized cart on sidewalks, provided that the vehicle used to transport the cart is not parked within the commuter lot; or (iii) on weekends.

c. Commuter lots that have been requested by the locality to not be made available for mobile food vending.

2. Permission for mobile food vending shall be granted through a land use permit issued to the mobile food vendor in accordance with the Land Use Permit Regulations (24VAC30-151).

3. In order for a mobile food vendor to be granted or to retain a land use permit for mobile food vending at commuter lots pursuant to this subsection, the vendor must comply with all of the following:

a. All relevant locality and Department of Health policies and requirements for mobile food vending.

b. All land use permit conditions and requirements set forth within or attached to the land use permit, which may include provisions relating to the location of the vending unit, the collection and disposal of litter, a limitation on vending times, a requirement for minimum insurance, and the provision of surety.

c. Posted signs or public notices setting out regulations or requirements for the use of commuter lots.

d. Mobile food vending shall be conducted with pedestrians only and shall not be conducted with occupants of vehicles.

e. Neither the mobile food vendor nor the vendor's operation shall interfere with the operation of the commuter lot and the safety of the lot's users, and the determination of whether the mobile food vendor or the vendor's operation is interfering with the operation of the commuter lot or the safety of the lot's users shall be solely within the discretion of VDOT.

f. The mobile food vendor shall post no advertising within or upon the grounds of the commuter lot. Advertising on the mobile food vending unit (vehicle, trailer, or pushcart), promoting the products or services offered by the mobile food vendor at that mobile food vending unit, is not considered a violation of this section.

Failure to comply with this subdivision 3 will result in the revocation of the permit.

J. Except as authorized by the terms of a land use permit issued to a mobile food vendor, no person shall light, kindle, or use any fire within this area.

J. K. No person shall discharge or set off within this area, any firearms or fireworks, except by permit from the commissioner.

K. L. Any person violating any of the preceding rules and regulations shall be guilty of a misdemeanor and, upon conviction, be fined not less than five dollars nor more than $100 for each offense.

24VAC30-151-670. Prohibited use of right-of-way.

No permit shall be issued for the following uses of the right-of-way:

1. Signs. Signs not otherwise allowed in this chapter shall not be placed on the highway right-of-way or overhang the right-of-way.

2. Vendors on right-of-way. Permits will not be issued to vendors for operation of business within state rights-of-way, except:

a. As may be allowed for waysides and rest areas under the Rules and Regulations for the Administration of Waysides and Rest Areas (see 24VAC30-50-10 and 24VAC30-151-760) and the Rules and Regulations for the Administration of Parking Lots and Environs (24VAC30-100-10).

b. Vendors of newspapers and written materials enjoy constitutional protection under the First Amendment to place or operate their services within rights-of-way, provided they neither impede traffic nor impact the safety of the traveling public. Newspaper vending machine size, placement, and location shall be as directed by the district administrator's designee for that area.

c. To localities to administer mobile food vending on nonlimited access highways, where the vending operations are regulated by local ordinances, operated consistent with such ordinances, and in accordance with the Commonwealth Transportation Board's regulations and policies.

3. Dwellings. No private dwellings, garages, or similar structures shall be placed or constructed within the right-of-way, except as may be allowed under 24VAC30-151-220 and 24VAC30-151-230.

24VAC30-151-710. Fees.

A. Single use permit. A nonrefundable application fee shall be charged to offset the cost of reviewing and processing the permit application and inspecting the project work, in accordance with the requirements below in this subsection:

1. The application fee for a single permit is $100.

2. Additive costs shall be applied as indicated below in this subdivision. The district administrator's designee will determine the total permit fees using the following schedule:

Activity	Fee
Private Entrances	none
Commercial Entrance	$150 for first entrance $50 for each additional entrance
Street Connection	$150 for first connection $50 for each additional connection
Temporary Logging Entrance	$10 for each entrance
Temporary Construction Entrance	$10 for each entrance
Turn Lane	$10 per 100 linear feet
Crossover	$500 per crossover
Traffic Signal	$1,000 per signal installation
Reconstruction of Roadway	$10 per 100 linear feet
Curb and Gutter	$10 per 100 linear feet
Sidewalk	$10 per 100 linear feet
Tree Trimming (for outdoor advertising)	in accordance with § 33.2-1221 of the Code of Virginia
Tree Trimming (all other activities)	$10 per acre or 100 feet of frontage
Landscaping	$10 per acre or 100 feet of frontage
Storm Sewer	$10 per 100 linear feet
Box Culvert or Bridge	$5 per linear foot of attachment
Drop Inlet	$10 per inlet
Paved Ditch	$10 per 100 linear feet
Under Drain or Cross Drain	$10 per crossing
Above-ground Structure (including poles, pedestals, fire hydrants, towers, etc.)	$10 per structure
Pole Attachment	$10 per structure
Span Guy	$10 per crossing
Additive Guy and Anchor	$10 per guy and anchor
Underground Utility - Parallel	$10 per 100 linear feet
Overhead or Underground Crossing	$10 per crossing
Excavation Charge (including Test Bores and Emergency Opening)	$10 per opening
Two Month Commuter Lot Mobile Food Vending (available in Planning District 8 only) (weekdays and weekends)	$150
Single Weekend Commuter Lot Mobile Food Vending (available in Planning District 8 only) (per weekend)	$10

3. Time extensions for active permits shall incur a monetary charge equal to one-half the application fee charged to the initial permit. Expired permits may be reinstated; however, fees for reinstatement of expired permits shall equal the application fee. Notwithstanding 24VAC30-151-80, commuter lot mobile food vending permits may not be extended or reinstated.

4. If a permit is cancelled prior to the beginning of work the permitted activity, the application fee and one-half of the additive fee will be retained as compensation for costs incurred by VDOT during plan review.

5. The district administrator's designee may establish an account to track plan review and inspection costs, and may bill the permittee not more often than every 30 calendar days. If an account is established for these costs, the permittee shall be responsible for the nonrefundable application fee and the billed costs. When actual costs are billed, the district administrator's designee shall waive the additive fees above in subdivision 2 of this subsection.

B. Districtwide permits. Districtwide permits, as defined in 24VAC30-151-30, are valid for a period of two years. The biennial fee for a districtwide permit for utilities and logging operations is $750 per district. The biennial fee for a districtwide permit for surveying is $200 per district. The central office permit manager may exercise discretion in combining requests for multijurisdictional districtwide permits.

C. Miscellaneous permit fees. To connect the facility to the transmission grid pipeline, the operator of a nonutility renewable energy facility that produces not more than two megawatts of electricity from a renewable energy source, not more than 5,000 mmBtus/hour of steam from a renewable energy source, or landfill gas from a solid waste management facility, shall remit to VDOT a one-time permit fee of $1,500 per mile as full compensation for the use of the right-of-way in accordance with § 67-1103 of the Code of Virginia.

D. No-fee permits. The following permits shall be issued at no cost to the applicant:

1. In-place permits as defined in 24VAC30-151-30 and 24VAC30-151-390.

2. Prior-rights permits as defined in 24VAC30-151-30 and 24VAC30-151-390.

3. As-built permits as defined in 24VAC30-151-30.

4. Springs and wells as defined in 24VAC30-151-280.

5. Crest stage gauges and water level recorders as defined in 24VAC30-151-500.

6. Filming for movies as defined in 24VAC30-151-520.

7. Roadside memorials as defined in 24VAC30-151-550.

8. No loitering signs as defined in 24VAC30-151-570.